Legal Question in Wills and Trusts in New York

Re: Deceased-Left no will or assets

You can be appointed as administrator of a small estate (see the clerk at the Surrogate's court) and this will enable you to open a bank account into which the rebate checks can be deposited. The funds can be used for burial expenses. The creditors can be told that there are no other assets (if true).

Re: Deceased-Left no will or assets

My condolences for your loss.

A respectful letter to each creditor indicating that your mother has passed and that there is no significant estate should be sufficient. Enclose a copy of the death certificate. A xerox is adequate for this letter, although some creditors may request a certified copy later.

While petitioning the court to be appointed administrator/executor is the 'legal' thing to do, that can be a difficult process.

If you insist on taking a shortcut, then open a separate bank account for all of the checks and do not put anything else in that account. Keep the money there for six months and then pay it to yourself (withdraw the money) as recompense fo the cost of the funeral. Keep a record of the burial expenses with the record of the account.

That should insulate you from any problems.

Re: Deceased-Left no will or assets

I concur with Norman's comments. You need a small estate administration to be able to cash the rebate checks.